People v. Rubio-Baez CA1/2

BACKGROUND

I. The 2013 Conviction In 2013, Rubio-Baez was apprehended near a bank that had just been robbed, identified by bank employees as the person who had committed the robbery, and found to be in possession of the stolen bag of money and .31 gram of methamphetamine. The victim reported that Rubio-Baez had handed him a demand note, said he had five minutes to give him the money and started counting; the victim handed him a bag containing $4,000 cash and Rubio-Baez left. Rubio-Baez told the police he entered the bank with the intent to commit a robbery, gave a demand note to a banker and told him he had five seconds to hand over the money, then fled the bank with the money the banker gave him. Rubio-Baez said he knew it was wrong to rob the bank, but he needed the money to pay rent, buy a cell phone and send money to his mother in Mexico. Rubio-Baez was charged with second degree robbery (§ 212.5, subd. (c)),2 possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), burglary (§ 460, subd. (b)), theft of property exceeding $950 (§ 487, subd. (a)), and possession of stolen property (§ 496, subd. (a)). Pursuant to a negotiated plea agreement, he entered a plea of…